Workplace Justice Visa

If you have experienced any of the following while working in Australia, you may have a workplace exploitation matter:

• Not paid properly or not paid at all, including for training or trials (this includes not receiving entitlements like superannuation).

• Had money taken from your wages, without your authorisation.

• Treated as an independent contractor (with an Australian Business Number or ABN) when you are in fact an employee (with a Tax File Number or TFN) and not paid your proper wages and entitlements like annual leave and sick leave.

• Asked to work in unsafe conditions.

• Subjected to unwanted touching, sexual comments, or other conduct that amounts to sexual harassment.

• Fired or forced to quit your job in circumstances that were unfair.

• Treated unfavourably because of your identity or certain personal characteristics such as your age, gender, sexuality or nationality.

• Required to make an up-front payment or pay a deposit for a job.

• Had your workplace rights misrepresented to you.

• Coerced or threatened so that you will do certain things (e.g. threats to have your visa cancelled if you complain about your work conditions).

• Pressured to do or not do certain things (e.g., not to join your union).

The Workplace Justice visa is a temporary visa that allows temporary visa holders, or recent temporary visa holders, to stay in Australia to take legal action if they have been exploited at work (workplace exploitation).

You must hold, or have held, a temporary visa with work rights to obtain a Workplace Justice visa.

To be eligible for a Workplace Justice visa you must:

• Be in Australia either:

  • On a temporary visa with work rights (other than a Bridging visa, Criminal Justice visa or Enforcement visa) that expires in 28 days or less OR

  • Have held a temporary visa with work rights (other than a Bridging visa, Criminal Justice visa or Enforcement visa) that expired no more than 28 days ago.

• Have your workplace exploitation matter certified by an accredited certifying organisation (see full list below under FAQ 7).

• Have health insurance and sufficient funds to cover your stay in Australia.

• Intend to stay in Australia for a temporary period.

• Meet certain health and character criteria.

Case Study — Eligible for a Workplace Justice visa

Cindy arrived in Australia on a Temporary Skill Shortage visa (subclass 482). During her employment, her boss transferred the correct wage to her bank account each fortnight, but then each Monday, he walked her to an ATM and insisted that she gives him $150 in cash. She tried to protest but he said that if she told anyone he would have her deported. He would also make unwanted comments about how she looked.

She stayed with her employer for years thinking they would eventually sponsor her for permanent residency. Unfortunately, 10 days before her visa expired, she was told they would not sponsor her, and she had to leave Australia.

Cindy may be eligible for a Workplace Justice visa to bring a claim against her employer as she holds a temporary visa with work rights that is not a Bridging visa, Criminal Justice visa or Enforcement visa.

You may not be eligible for a Workplace Justice visa if you have had a visa refused or cancelled.

You will not be eligible for a Workplace Justice visa if you have not held a temporary visa with work rights for more than 28 days and currently hold a Bridging visa, Criminal Justice visa, Enforcement visa or are unlawful.

Case Study — Not Eligible for a Workplace Justice visa

Chris arrived in Australia on a Student visa (subclass 500). He applied for many jobs, but no one wanted to hire someone on a Student visa due to the 48-hour fortnight work restriction.

Eventually he found a job at a local cafe that did not seem to mind that he was on a Student visa. They offered him $8 an hour, which he accepted because he was struggling to find a job. He started having to work additional shifts due to the low pay to make ends meet. This put him in breach of his Student visa working hours restrictions.

When his Student visa expired, he was granted a Bridging visa. After more than two months on his Bridging visa, he heard about the Workplace Justice visa and wanted to apply for it to bring a claim against his employer.

Unfortunately, Chris is unable to apply for a Workplace Justice visa because his temporary visa with work rights expired more than 28 days ago.

It is free — you will not have to pay a fee to apply for a Workplace Justice visa.

It allows you to remain in Australia for 6 to 12 months to pursue a workplace exploitation matter relating to your employer.

You are allowed to work while you hold this visa. You can also include family members if they are in Australia with you.

It is important that you get immigration and employment law advice before applying for a Workplace Justice visa or the Strengthening Reporting Protections against visa cancellation.

Step 1: You should get immigration law advice. You can contact Queensland Migrant WorkWise for a referral, a union (and ask for a referral to their immigration law service), or a private migration agent or lawyer.

Step 2: If they confirm you may be eligible for a Workplace Justice visa or the Strengthening Reporting Protections against visa cancellation, you should contact an organisation who can provide you with employment law advice and certify your workplace exploitation matter.

The full list of organisations that can certify your workplace exploitation matter in Queensland is here. You can contact Queensland Migrant WorkWise to help you find a relevant organisation.

Step 3: Once you receive your certification, you should contact a migration agent or lawyer to assist you with your application.

You can also apply for a Workplace Justice visa through your ImmiAccount. You will need to apply for a subclass 408 visa in the “Workplace Justice Pilot” and provide the following documents with your application:

• Certification of your workplace exploitation matter (see the list of organisations who can certify your workplace exploitation matter above).

• Evidence that you have sufficient funds for your stay in Australia.

• Evidence that you have suitable health insurance.